82 FR 41887 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Little River to Savannah River, Beaufort, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 170 (September 5, 2017)

Page Range		41887-41889
FR Document		2017-18709

The Coast Guard is modifying the operating schedule that governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0 at Beaufort, SC. This modification allows Lady's Island Bridge to remain closed during peak vehicular traffic times. The bridge owner, South Carolina Department of Transportation, requested this action to assist in reducing traffic caused by bridge openings.

Federal Register, Volume 82 Issue 170 (Tuesday, September 5, 2017)

[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41887-41889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18709]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0343]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Little River to Savannah River, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0 
at Beaufort, SC. This modification allows Lady's Island Bridge to 
remain closed during peak vehicular traffic times. The bridge owner, 
South Carolina Department of Transportation, requested this action to 
assist in reducing traffic caused by bridge openings.

DATES: This rule is effective October 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0343 In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Ms. Jennifer Zercher at telephone 305-415-6740, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register

[[Page 41888]]

NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WWM Waterways Management

II. Background Information and Regulatory History

    On May 10, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway, Little River to Savannah River in the Federal Register (81 FR 
90). We received eight comments on this rule.
    On August 5th, 2015, a Temporary Deviation, entitled, ``Drawbridge 
Operation Regulations: Atlantic Intracoastal Waterway, Little River to 
Savannah River,'' was published in the Federal Register [USCG-2015-
0343] [80 FR 46492] to evaluate whether changing the bridge opening 
schedule would assist in reducing traffic congestion. This deviation 
was in effect through November 3rd, 2015.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The Lady's Island Bridge in Beaufort, South Carolina has a vertical 
clearance of 30 feet at Mean High Water in the closed position. The 
existing drawbridge schedule can be found in 33 CFR 117.911(f).
    On February 17th, 2015, Coast Guard Sector Charleston Waterways 
Management (WWM) staff observed the Lady's Island Bridge operations 
between the hours of 6 a.m. and 10 a.m. During the observation period, 
the staff discussed potential changes with the Bridge owner, South 
Carolina Department of Transportation. Additionally, WWM met with the 
Beaufort County South Carolina traffic manager to discuss bridge 
opening impacts.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received eight comments regarding this rule. One 
person supported this change. One person requested that something 
should be done about the decibels of the horn on this bridge. This 
comment has been forwarded to the Bridge Owner to address. Six people 
are against changing the bridge schedule as being too restrictive to 
vessel traffic. While the Coast Guard does agree that changing this 
bridge regulation will be more restrictive to the boating community, 
based on observations, this change will be a better balance between 
land and water traffic.
    The Coast Guard is amending 33 CFR 117.911(f). This regulation 
would modify timeframes the bridge may remain closed. It would extend 
the morning closure period, when the bridge is authorized to remain 
closed, by an additional half hour and the afternoon closure period by 
an additional hour. It would also set an hourly opening schedule 
between 9 a.m. and 3 p.m. when the Bridge will open on the hour, 
thereby reducing openings from twice an hour to once an hour during 
daytime hours, Monday through Friday, except Federal holidays. This 
regulation would reduce vehicle backups without unreasonably 
restricting vessel traffic, thereby balancing the needs of both modes 
of transportation. No changes to the existing regulation will be 
implemented during the months of April, May, October and November 
because higher vessel traffic volumes exist during these time periods. 
At all other times, this bridge will open on signal.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge during scheduled openings. 
Additionally, the modified schedule will not apply during April, May, 
October, and November when transient season increases vessel traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above this final rule would not have a significant economic impact on 
any vessel owner or operator.''
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and

[[Page 41889]]

have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.911, revise paragraph (f) to read as follows:


Sec.  117.911   Atlantic Intracoastal Waterway, Little River to 
Savannah River.

* * * * *
    (f) The Lady's Island Bridge (Woods Memorial), across the Beaufort 
River, Mile 536.0 at Beaufort. The draw shall operate as follows:
    (1) On Monday through Friday, except Federal holidays:
    (i) From 6:30 a.m. to 9 a.m. and 3 p.m. to 6 p.m., the draw need 
not open to navigation; and,
    (ii) Between 9 a.m. to 3 p.m., the draw need open only on the hour.
    (2) During the months of April, May, October, and November from 
Monday through Friday, except Federal holidays, the Lady's Island 
Bridge (Woods Memorial) shall operate as follows:
    (i) From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not 
open to navigation; and,
    (ii) Between 9 a.m. to 4 p.m., the draw need open only on the hour 
and half-hour.
    (3) At all other times the draw shall open on signal.

    Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-18709 Filed 9-1-17; 8:45 am]
BILLING CODE 9110-04-P

41888 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations

NPRM Notice of proposed rulemaking be a better balance between land and entities during rulemaking. The term
SNPRM Supplemental notice of proposed water traffic. ‘‘small entities’’ comprises small
rulemaking The Coast Guard is amending 33 CFR businesses, not-for-profit organizations
Pub. L. Public Law 117.911(f). This regulation would that are independently owned and
§ Section modify timeframes the bridge may operated and are not dominant in their
U.S.C. United States Code
WWM Waterways Management
remain closed. It would extend the fields, and governmental jurisdictions
morning closure period, when the with populations of less than 50,000.
II. Background Information and bridge is authorized to remain closed, The Coast Guard received no comments
Regulatory History by an additional half hour and the from the Small Business Administration
On May 10, 2016, we published a afternoon closure period by an on this rule. The Coast Guard certifies
notice of proposed rulemaking (NPRM) additional hour. It would also set an under 5 U.S.C. 605(b) that this rule will
entitled Drawbridge Operation hourly opening schedule between 9 a.m. not have a significant economic impact
Regulation; Atlantic Intracoastal and 3 p.m. when the Bridge will open on a substantial number of small
Waterway, Little River to Savannah on the hour, thereby reducing openings entities.
from twice an hour to once an hour While some owners or operators of
River in the Federal Register (81 FR 90).
during daytime hours, Monday through vessels intending to transit the bridge
We received eight comments on this
Friday, except Federal holidays. This may be small entities, for the reasons
rule.
regulation would reduce vehicle stated in section V.A above this final
On August 5th, 2015, a Temporary
backups without unreasonably rule would not have a significant
Deviation, entitled, ‘‘Drawbridge
restricting vessel traffic, thereby economic impact on any vessel owner
Operation Regulations: Atlantic
balancing the needs of both modes of or operator.’’
Intracoastal Waterway, Little River to Under section 213(a) of the Small
Savannah River,’’ was published in the transportation. No changes to the
existing regulation will be implemented Business Regulatory Enforcement
Federal Register [USCG–2015–0343] [80 Fairness Act of 1996 (Pub. L. 104–121),
FR 46492] to evaluate whether changing during the months of April, May,
October and November because higher we want to assist small entities in
the bridge opening schedule would understanding this rule. If the rule
assist in reducing traffic congestion. vessel traffic volumes exist during these
time periods. At all other times, this would affect your small business,
This deviation was in effect through organization, or governmental
November 3rd, 2015. bridge will open on signal.
jurisdiction and you have questions
III. Legal Authority and Need for Rule V. Regulatory Analyses concerning its provisions or options for
We developed this rule after compliance, please contact the person
The Coast Guard is issuing this rule
considering numerous statutes and listed in the FOR FURTHER INFORMATION
under authority in 33 U.S.C. 499.
Executive Orders related to rulemaking. CONTACT, above.
The Lady’s Island Bridge in Beaufort, Below we summarize our analyses Small businesses may send comments
South Carolina has a vertical clearance based on a number of these statutes and on the actions of Federal employees
of 30 feet at Mean High Water in the Executive Orders, and we discuss First who enforce, or otherwise determine
closed position. The existing Amendment rights of protesters. compliance with, Federal regulations to
drawbridge schedule can be found in 33 the Small Business and Agriculture
CFR 117.911(f). A. Regulatory Planning and Review Regulatory Enforcement Ombudsman
On February 17th, 2015, Coast Guard Executive Orders 12866 and 13563 and the Regional Small Business
Sector Charleston Waterways direct agencies to assess the costs and Regulatory Fairness Boards. The
Management (WWM) staff observed the benefits of available regulatory Ombudsman evaluates these actions
Lady’s Island Bridge operations between alternatives and, if regulation is annually and rates each agency’s
the hours of 6 a.m. and 10 a.m. During necessary, to select regulatory responsiveness to small business. If you
the observation period, the staff approaches that maximize net benefits. wish to comment on actions by
discussed potential changes with the Executive Order 13771 directs agencies employees of the Coast Guard, call 1–
Bridge owner, South Carolina to control regulatory costs through a 888–REG–FAIR (1–888–734–3247). The
Department of Transportation. budgeting process. This rule has not Coast Guard will not retaliate against
Additionally, WWM met with the been designated a ‘‘significant small entities that question or complain
Beaufort County South Carolina traffic regulatory action,’’ under Executive about this rule or any policy or action
manager to discuss bridge opening Order 12866. Accordingly, it has not of the Coast Guard.
impacts. been reviewed by the Office of
Management and Budget (OMB) and C. Collection of Information
IV. Discussion of Comments, Changes
and the Final Rule pursuant to OMB guidance it is exempt This rule calls for no new collection
from the requirements of Executive of information under the Paperwork
The Coast Guard received eight Order 13771. Reduction Act of 1995 (44 U.S.C. 3501–
comments regarding this rule. One This regulatory action determination 3520).
person supported this change. One is based on the ability that vessels can
person requested that something should D. Federalism and Indian Tribal
still transit the bridge during scheduled
be done about the decibels of the horn Government
openings. Additionally, the modified
on this bridge. This comment has been schedule will not apply during April, A rule has implications for federalism
forwarded to the Bridge Owner to May, October, and November when under Executive Order 13132,
mstockstill on DSK30JT082PROD with RULES

address. Six people are against changing transient season increases vessel traffic. Federalism, if it has a substantial direct
the bridge schedule as being too effect on the States, on the relationship
restrictive to vessel traffic. While the B. Impact on Small Entities between the national government and
Coast Guard does agree that changing The Regulatory Flexibility Act of 1980 the States, or on the distribution of
this bridge regulation will be more (RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the
restrictive to the boating community, requires federal agencies to consider the various levels of government. We have
based on observations, this change will potential impact of regulations on small analyzed this rule under that Order and

VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\05SER1.SGM 05SER1

Document Created: 2017-09-02 03:24:59
Document Modified: 2017-09-02 03:24:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective October 5, 2017.
Contact		If you have questions on this rule, call or e-mail Ms. Jennifer Zercher at telephone 305-415-6740, email [email protected]
FR Citation		82 FR 41887
RIN Number		1625-AA09

82 FR 41887 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Little River to Savannah River, Beaufort, SC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 170 (September 5, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard